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Potential Gleneagle annexation ignites concern; Hayes recognized

from Vol. 23 No. 5 - May 6, 2023

from Vol. 23 No. 5 - May 6, 2023, page 27

Station 4 Push-In Ceremony

By Natalie Barszcz

At the Monument Fire District (MFD) meeting on April 26, the board heard about the potential annexation of neighboring residents, recognized Director Terri Hayes for her years of service to the district, and approved an extension to the Meet and Confer plus agreement with L4319.

Secretary Mike Smaldino was excused.

Potential Annexation

Vice Chairman Roger Lance said he had read a message from Fire Chief

Monument Town Council, April Land use bill, investigation loom

By Chris Jeub

The Monument Town Council meetings in April discussed enterprise zones and town investments as well as the looming state Senate Bill 23-213 that would undermine Monument’s permitting and zoning laws. But the majority of April was spent dealing with the independent investigation report presented Dec. 28, 2022, by the former Board of Trustees. Two executive meetings and two special meetings were called to specifically handle the investigation.

Andy Kovacs about Colorado Springs proposing the annexation of Gleneagle. That would have a serious impact on the fire district, he said.

Kovacs said a resident had made a comment about the potential annexation in early April. The comment gave him cause for concern after all the efforts the district had made to consolidate the two districts over the past 2 1/2 years. Annexation would require the dismantling of the consolidation of the two fire districts, the loss of Stations

MFD (Cont. on 11)

Actions include disavowing the results of the independent investigation, reinterpreting the results with a newly employed law firm, paying for the personal legal fees of the mayor, and addressing the CORA request from the previous mayor pro tem. The current board declared the investigation “over” with comments showing hope for the town to “move on.”

Enterprise zones and town investments discussed

On April 3, Town Administrator Laura Hogan presented an opportunity to expand the enterprise zone in Monument. This zone is intended to provide tax credits to businesses, and one area in Monument has recently become eligible. The proposed zone, located between Higby Road and Baptist Road on the east side of Interstate 25, aims to encourage businesses to come to Monument. El Paso County will bring the proposed zone to the state, and community members can help contribute to the development of businesses within the zone and receive tax benefits for doing so.

Council Member Jim Romanello asked for an explanation of the significance of the proposed zone. Hogan explained that it would be beneficial for the entire community. By encouraging businesses to come to Monument, the proposed enterprise zone could bring in new jobs and revenue for the town. Additionally, community members could contribute to the development of the businesses within the zone and receive tax benefits for doing so. Overall, the expansion of the enterprise zone presents an opportunity for growth and development for Monument and its residents.

The Council listened to three presentations discussing the investment of the town’s money. The presentations were given by Katiana Siatras

Saturday, May 6, 2023 from Wells Fargo, Bob Krug from CSafe, and Max Mojab and Nate Eckloff from Piper Sadler & Co. The Council was interested in investing to make more money due to changing interest rates. There was a discussion of the risks associated with investing with banks, and securities were recommended as the most secure and liquid type of investment.

Town Manager Mike Foreman is seeking direction to find the best proposal for the town.

Colorado Senate Bill 23-213

The Monument Council discussed state Senate Bill 23213, which they claim would override the town’s zoning and permit laws and transfer power to the state. All Council members stated that they believed this would be an overreach of state power and could affect local issues such as housing, water, infrastructure, and police. Council Member Steve King expressed concern that the bill would benefit “millionaire owners” of multi-family housing units and could lead to the con struction of rental buildings.

Mayor Mitch LaKind an nounced he would be form ing a coalition of mayors in El

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Paso County to protest the bill. He stated, however, that “the Colorado Springs Chamber of Commerce is in favor of it, which I find strange.” LaKind warned that he would not comply if the bill passes and that it will be difficult to get anything built for the state if the Pikes Peak Regional Building Department (PPRBD)

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During public comment, residents expressed their opposition to the bill, and council members mentioned that Rep. Don Wilson and Rep. Paul Lundeen were also against it. President and CEO of the Tri-Lakes Chamber of Commerce Terri Hayes expressed opposition to the bill but explained that the Colorado Springs Chamber sees it as a way to bring more people to town. “They see it as a way to solve their labor shortages,” she said.

King read a letter written collectively by the Town Council to oppose Senate Bill 23-213. They argued that the bill would eliminate their ability to zone multifamily housing to locations where the infrastructure is in place, remove their discretion to place certain criteria on multi-family housing, allow the character of neighborhoods to be destroyed by forcing incompatible land uses directly adjacent to single-family homes, mandate expensive studies relative to housing and water resources, and shift the burden and responsibility of what have traditionally been local decisions up to “a state agency.” The letter claimed the bill reflects the state’s belief that “it knows far more about what’s best for the quality of life in their communities than their own citizens do,” and they urged legislators to reject the bill.

The Town Council is also working on a plan to mitigate the impact of the bill if it is passed. After LaKind pledged to not comply, King added, “We will do everything we can to make sure that this bill does not have a negative impact on Monument.”

See letter “Monument Town Council opposes bill” in Letters to the Editor on page 24.

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Investigation declared over, CORA request suggests otherwise

Two executive sessions and two special meetings were called to address the investigation report of Dec. 28, 2022. See January’s OCN article for complete reporting of the December special meetings leading up to the investigation findings and recommendations to the Town Council.

Background: The previous Board of Trustees launched the investigation late in the 2022 election cycle that accused the Home Rule Charter Commission of electioneering and fraud. The investigation called for publicly censuring much of the newly elected Council (King, Abbott, Kronick, LaKind), the termination of the town manager and other employees, and filing ethics complaints against the previous town attorney. None of the recommendations has been adopted by the new Council.

April 3: Monument pays for LaKind’s personal attorney: The Town Council broke to executive session to seek guidance from Town Attorney Bob Cole on specific legal questions relating to the report of the investigation findings. Following the session, most members of the public left and three people remained online. An action item was taken to instruct the town manager to pay Mayor LaKind’s personal attorney fees that incurred during December’s investigation. The action item read: “Sherman & Howard Invoice No. 862015 to Mitchell LaKind for Professional Services, 12/22/22 through 1/31/23.” The item passed 6-0 with LaKind—since it benefited him financially— recusing himself from the vote. The council did not disclose the amount of the fees.

Council Member Laura Kronick noted that every- one had to sit through what she called “a debacle” at the end of last year. Kronick referenced “one person” [LaKind] who “stood up and did the right thing.” King added that the town was left without an attorney at the time, and LaKind had taken it upon himself to “handle the situation.” Council Member Jim Romanello put forth the motion. The meeting adjourned without public comment.

April 11: Investigation disavowed and declared over: The first of two special meetings was called on April 11 to bring the investigation findings to a close with proposed resolutions 26, 27, and 28. The investigation itself was not discussed outside of executive session, but the resolutions all passed unanimously. Kronick, LaKind, and Council Member Ab-

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Sonja Search, CNA bott recused themselves for some of the votes. The resolutions disavowed the investigation, authorized “actions” toward the appointed independent investigator Grant Van Der Jagt, and authorized payment to another law firm, Sherman & Howard. Public comment came from two members of the public who expressed support for the Council’s decisions, and one asking for information on the reports.

Though the Council disavowed the investigation, LaKind expressed how he, as a mayoral candidate at the time, promised to continue the investigation “wherever it led.” LaKind admitted the investigation “took longer than expected and cost taxpayers a lot of money,” but insisted it was done thoroughly. He then said he hopes “the town can heal and move forward” now that the investigation is over. He also mentioned that mistakes were made, but they were not intentional, and a process is now in place to remedy them.

April 17: Former Mayor Pro Tem Elliott questions town endorsements: Former Mayor Pro Tem Kelly Elliott raised concerns during public comment. She brought up a mailer from the Tri-Lakes Chamber of Commerce, which included a letter from Mayor LaKind welcoming new residents to the area that she claimed promoted businesses in Denver and Colorado Springs, not Monument. LaKind responded by

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“The System that gets Results” Cell: 720-577-0331 stating that he did not know his name was going out beyond the scope of Monument. Elliott then brought up a $1,500 purchase by LaKind at the Tri-Lakes Chamber Annual Dinner for a suite at a Sky Sox game, and asked whether it was a town budgeted item or a personal item. LaKind refused to answer, saying that he would not respond to questions about his personal finances.

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Hayes added to the public comment by clarifying that the mailer was sent out by a privately owned welcome wagon company and had nothing to do with the Town of Monument. LaKind requested that his name not be sent out in any future mailers promoting businesses outside of Monument and stated that he would not have added his name to the mailer if he had known it was being used to promote businesses in Denver and Colorado Springs.

April 26: Invoice of legal fees delivered to former mayor pro tem: A special town meeting was held April 26 to discuss a CORA request (a formal request to public records under the Colorado Open Records Act) asking for the receipt for the attorney fees paid to LaKind’s personal attorney. Town lawyer Bob Cole disclosed a conflict of interest by LaKind for two agenda items that dealt with the request. The Council voted 5-0 to accept the disclosure and exempt LaKind from the meeting. The Council also voted to rescind attorney client privilege and avoid an executive session “to allow complete transparency,” as stated by King.

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Kronick read a statement expressing that the Council should vote to give Kelly Elliott, the former mayor pro tem who made the request, the invoice she requested. Kronick claimed the invoice “proves no taxpayers’ dollars were spent to personally aid Mayor LaKind” and that she “hope[s] that Kelly Elliott ceases her attacks on the Town and the associated tens of thousands of taxpayers’ dollars spent each time another failed attempt is made to justify the pursuit of a $2,500 honest mistake that was legally cured prior to her initial call for an investigation that began last year.” She ended her statement with the hope that this will “end this chapter in Monument’s history.”

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The Council voted unanimously to grant the request (Council Member Marco Fiorito was absent) before the meeting adjourned. Foreman published a press release which claimed to justify the invoice of April 3. “The Town Council considered the Interim Town Attorney’s opinion that legal services described

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Saturday, May 6, 2023 in the invoice related to providing for the interests of the Town of Monument and therefore it is both legal and appropriate for the Town to pay the invoice.”

The Monument Council usually meets at 6:30 p.m. on the first and third Mondays of each month at Monument Town Hall, 645 Beacon Lite Road. The next two regular meetings are scheduled for

Monday, May 1 and Monday, May 15. Call 719-884-8014 or see www.townofmonument.org for information. To see upcoming agendas and complete board packets or to download audio recordings of past meetings, see http:// monumenttownco.minutesondemand.com and click on Town Council. Chris Jeub can be reached at chrisjeub@ocn.me.

Drive property is north of Old North Gate Road, west of Silverton Road and just north of the Flying Horse development and the Colorado Springs city limits.

Lekishia Bellamy, planner I, Planning and Community Development Department, told the commissioners that the El Paso County Planning Commission had voted 7-2 to recommend the application be denied at its March 16 meeting. She said the denial was based on a perception that the rezone was incompatible with the surrounding RR-5 properties, that it was spot zoning, and amid concerns that the RR-5 zoning district was under attack. See www. ocn.me/v23n4.htm#epcpc.

Bellamy told the commissioners that 20 adjacent property owners had been notified and the county had received 154 responses, two of which were in favor. She said concerns raised by the community centered on it establishing an unwanted precedent, traffic congestion, decreased home values, incompatibility with the surrounding area, and water availability.

The applicant was represented by Craig Dossey, president, Vertex Consulting Services, and formerly executive director, Planning and Community Development, who said the area was identified as one of minimal change in the county master plan and commented that he could not think of anything more minimal than splitting five acres into two, stating, “that’s about as minimal as you can get and affect change on this property.” As part of the application, the commissioners had to decide if there had been substantial change in the area since the last zoning change. Dossey argued that this was the case, most notably with the nearby Flying Horse development. He said objections had come from people more than a mile away and yet there was so much smaller development closer to the property.

Dossey stated that “hidden” change had already happened in the neighborhood in the form of accessory dwelling units, with 12 within a third of a mile of the city boundary. He commented, “There is already a density transition that has been forming.” Pointing out the ridgeline to the north

May

of the applicant’s property, Dossey said this topography created a density transition boundary and that none of the homes was visible from the other side of the ridge.

ibility with the surrounding area. Jerry McLaughlin, a resident and president of the Sun Hills Homeowners’ Association, challenged the accessory dwelling unit justification for the rezoning, over the hill. As far as I’m concerned, they’re a completely different neighborhood.” He argued the rezoning would not affect their property rights as they would have “the same uses un der the RR-5 today that they’ll have tomorrow, that they’ll have 10 years from now unless they rezone their property.” Dossey had earlier highlighted the al- the Liebowtizes would be giving up by rezoning, many of which he said would generate more traffic, noise, water use, etc. than one additional single-family lot. He questioned how the proposal could be called spot zoning when the county’s master plan allowed for 2.5-acre lots with this placetype and remarked that Overlook Estates’ covenants allowed for 1-acre lots.

Applicant Jennifer Liebowitz said to date they had spent $25,000 on the application but had taken that risk because they were told by planners during the process that they were in accordance with everything that was required. She said that after the Planning Commission decision, they were told they had not shown substantial change in the area. Liebowitz said, “I really have to question that. We have the entire Flying Horse development that I look at every single day from my back deck. We have a school of 3,000 people that come and go every single day along with the traffic from Sun Hills coming past our property.” She commented, “That is substantial change to me.”

Steve Liebowitz told the commissioners that they had had three different project managers at the county during the application process and had gotten the water decree first after being advised that water would be the biggest challenge. He said they were led to believe that it was an objective process and were repeatedly reassured that there was nothing to worry about. Bellamy, their third project manager, said there were no issues and concerns but that there was some limited opposition.

Steve Liebowitz said that when the Planning Commission began to hear public input, they repeatedly allowed issues that were not related to the review criteria such as precedence, land values, and water. He said it became obvious that several of the commissioners were preconvinced to rule against our request. He stated, “We were positive and optimistic that the process would be objective and fair. Since the Planning Commission meeting, we’ve been in total shock that the commissioners didn’t follow their own master plan but listened to the misinformation campaign orchestrated by the Sun Hills Homeowners’ Association.” He added that he had received a phone call from Bellamy the day before the BOCC hearing and that during that conversation Bellamy related that we (I’m assuming she meant her department) were shocked that the Planning Commission had denied the rezone request, especially since we had met all the review criteria. Bellamy then stated she hoped the county commissioners would approve our request at today’s meeting.

Commissioner Holly Williams commented, “I think that this application doesn’t meet the criteria and I say that because I don’t consider the substantial change in Flying Horse to be something that was under our control.”

Geitner said, “I do believe this is in compliance with our master plan because it specifically says 2.5-acre lots are in that large lot residential, so I do disagree. It’s in conformance with our master plan.” She added that while she agreed the county did not make the changes at Flying Horse, the question was “had it changed?”

Commissioner Longinos Gonzalez Jr. said, “In this case all the changes that were noted were accessory dwelling units, not a splitting of zones. That’s why I think it’s not compatible.” Commissioner Stan VanderWerf said he was concerned that a precedent could be set which would really cause a problem.

The vote to deny was 4-1 with Geitner the no vote.

Black Forest second dwelling variance approved

Also at the April 18 land use meeting, the commissioners approved a variance of use to allow a second dwelling at a 2.89-acre property zoned RR 2.5 on the southwest corner of the intersection of Ford Drive and Milam Road in Black Forest. The application came to the BOCC with a recommendation for approval from the Planning Commission. See www.ocn.me/v23n4. htm#epcpc.

Commissioner Geitner made the meeting aware that the applicants were family friends but said she felt she could be fair and impartial in the decision-making process.

The county approved a site plan for a new single-family dwelling in August 2022 and, at that time, the original 1960s dwelling was converted to an accessory living quarters. Such quarters can only be used for occasional temporary stays by family and friends. Christian Haas, planner I, Planning and Community Development, explained that a secondary dwelling was a more intense use which can be permanently occupied and rented out.

Nina Ruiz of Vertex Consulting Services and representing the client said the possibility of a variance of use option was not discussed at the time of the initial application. County staff would only have explained it if the applicant had said that was what they wanted to do. She said, “It wasn’t Mr. Patterson [the applicant] trying to be sneaky or trying to do anything out of order. He just simply didn’t know that that was an option.”

No one spoke in support. Terry Stokka, chairman, Black Forest Land Use Committee, said that while the committee was not opposed to accessory dwelling units or guest houses, it did oppose a permanent dwelling. He said, “Approv- ing two dwelling units on this acreage which is only 2.89 acres is a violation of the land development code and the county master plan. It effectively creates a subdivision.” He said it created a dangerous precedent.

Ruiz stated there were five properties within half a mile with two dwelling units, so the precedent was already set.

Gonzalez said that if the application had been the first one, he would be more inclined to disapprove but there were already others utilizing the same variance. Holly Williams agreed. The vote to approve was unanimous.

Monument Academy minor subdivision

At the April 4 BOCC land use meeting, the commissioners approved a request by Land Resource Associates for approval of a minor subdivision to create one lot and four tracts on the almost 63-acre site of the new Monument Academy.

It is located at the southeast corner of the intersection of Walker Road and Highway 83.

The 19.38-acre lot will contain the high school, recreational fields, and parking. Two of the tracts are set aside for future development, and two will be transferred to adjoining property owners as part of a property line survey adjustment.

Black Forest slash and mulch program

At its March 28 meeting, the BOCC approved the 2023 memorandum of understanding (MOU) with the Black Forest Slash and Mulch Committee (SAMCOM), the nonprofit responsible for the program’s daily operation.

This wildfire mitigation program, staffed entirely by volunteers, accepts slash (tree debris including branches, leaves, needles, etc.) from residents that is ground into mulch, which is available free of charge to the public.

Under the MOU, the county contributes up to $40,000 toward grinder expenses, and SAMCOM provides $12,000 toward the costs.

The site, at the southeast corner of Shoup and Herring Roads, opened for the 2023 season for slash drop-off on April 29. Normal business hours will be Saturdays 7 a.m.4 p.m.; Sundays noon-4 p.m., and Tuesday and Thursday evenings 5-7:30 p.m. The last date for slash drop-off is Sept. 10. There is a $2 drop-off fee for slash with a loyalty card available that offers a discount.

Free mulch will be available for self-loading from May 20 through Sept. 16. For large quantities of mulch, an end loader will be available on Saturdays only, 7 a.m. to 4 p.m., charging $5 per bucket.

For more information, visit www.bfslash.org. Anyone wanting to volunteer to work a shift can do so via the website.

The Pineries mountain beetle infestation

At the April 18 BOCC meeting, Judy von Ahlefeldt, a longtime resident of Black Forest, again spoke about a mountain pine beetle infestation in trees at The Pineries Open Space in Black Forest which has spread to private property. Von Ahlefeldt first brought the matter to the BOCC’s attention in early 2022 when she raised concerns about the method by which it was being treated. At the time, the county had signed a contract for $42,600 to have the affected trees

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Describing the infestation as a very serious threat to Black Forest, von Ahlefeldt said the 2022 mastication was ineffective. She said she had been trying to work with the county parks department on the matter for 14 months without any success.

She called for county forestry staff to speak with the state forestry service and said that they needed to get as many of the infected trees out as possible but that there was currently no program to do that.

The Pineries Open Space is on Volmer Road north of the intersection of Volmer and Shoup Roads in an area of Black Forest extremely damaged by the 2013 fire. It totals 1,070 acres and opened to the public in June 2020.

Helen Walklett can be reached at helenwalklett@ocn.me.

This article is from:

Vol. 23 No. 5 - May 6, 2023

by Our Community News